Court of Appeals · February 19, 2026 · 46 NY3d 40
People v Rios
Read the official decision: 46 NY3d 40
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding The Lopez exception to the preservation requirement does not apply to a defendant’s postplea statements made at sentencing that challenge the factual basis of the plea. Consequently, a defendant must move to withdraw the plea or vacate the judgment of conviction to preserve a challenge to the plea’s voluntariness based on such sentencing remarks.
The court’s words
the exception does not apply to defendant's postplea statements made at sentencing
46 NY3d 40, at the official text
statements made at sentencing challenging the factual basis of a plea do not trigger the duty to inquire
46 NY3d 40, at the official text
defendant's postplea statements at sentencing challenging the factual basis of his plea did not trigger the Lopez exception
46 NY3d 40, at the official text
| Court | Court of Appeals |
|---|---|
| Decided | February 19, 2026 |
| Citation | 46 NY3d 40 |
| Area of law | Criminal Procedure |
| Week | Week ending February 21, 2026 |
| Official text | Official decision: 46 NY3d 40 |
| Source feed | New York advance sheet: 26nyadv43.pdf |
| Law Watch record id | 1694 |
Recommended citation
ESQ HQ, New York Law Watch, People v Rios, 46 NY3d 40 (Court of Appeals, February 19, 2026), https://esqhq.com/decisions/46-ny3d-40/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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